I 


" 


S 


I 


COMMISSION  FOR  SETTLING  PRIVATE  LAND 
CLAIMS  IN  CALIFORNIA. 


TREATY  STIPULATIONS 

BETWEEN  MEXICO  AND  THE  UNITED  STATES. 
ACT  OF  CONGRESS 

OF  MARCH  3,  1851. 

INSTRUCTIONS 

OF   THE 

DEPARTMENT  OF  THE  INTERIOR 
TO  THE  COMMISSIONERS. 


REGULATIONS 

OF  THE  COMMISSIONERS  FOR  THE  PRESENT 
MENT  AND  PROSECUTION  OF  CLAIMS. 


SAN  FRANCISCO 

1852, 


1 


BETWEEN 


THE  UNITED  STATES  AND  MEXICO, 

The  Treaty  of  Guadalupe  Hidalgo,  concluded  at  that  city  on 
the  2nd  day  of  February,  1848,  between  the  United  States  of 
America  and  the  United  Mexican  States,  the  ratifications  of 
which  were  exchanged  May  30,  1848,  fixes  a  boundary  line 
between  the  two  governments,  by  which  certain  territory,  includ 
ing  the  present  State  of  California,  which  had  formerly  belonged 
to  Mexicoa  became  the  territory  of  the  United  States. 

The  Treaty  then  stipulates  in  Articles  VIII.  and  IX.  as  fol 
lows,  viz: 


ARTICLE  8. — Mexicans  now  es 
tablished  in  territories  previously 
belonging  to  Mexico,  and  which 
remain  for  the  future  within  the 
limits  of  the  United  States,  as  de 
fined  by  the  present  treaty,  shall 
be  free  to  continue  where  they 
now  reside,  or  to  remove  at  any 
time  to  the  Mexican  republic,  re 
taining  the  property  which  they 
possess  in  the  said  territories,  or 
disposing  thereof,  and  removing 
the  proceeds  wherever  they  please, 
without  their  being  subjected,  on 
this  account,  to  any  contribution, 
tax,  or  charge  whatever. 

Those  who  shall  prefer  to  re 
main  in  the  said  territories,  may 
either  retain  the  title  and  rights 
of  Mexican  citizens,  or  acquire 
those  of  citizens  of  the  United 
States,  But  they  shall  be  under 
the  obligation  to  make  their  elec- 


ARTICULO  8. — Los  Mexicanos 
establecidos  hoy  en  territorios  per- 
tenecientes  antes  a  Mexico,  y  que 
quedan  para  lo  futuro  dentro  de 
los  linrites  senalados  por  el  pres- 
ente  tratado  a  los  Estados  Unidos, 
podran  permanecer  en  donde  aho- 
ra  habitan,  6  trasladarse  en  cual- 
quier  tiempo  a  la  repiiblica  Mexi- 
cana,  conservando  en  los  indicados 
territorios  los  bienes  que  poseen,  6 
enagenandolos  y  pasando  su  valor 
a  donde  les  convenga,  sin  que  por 
esto  pueda  exigirseles  ningun  ge- 
nero  de  contribucion,  gravamen  6 
impuesto. 

Los  que  prefieran  permanecer 
en  los  indicados  territorios,  podran 
conservar  el  titulo  y  derechos  de 
ciudadanos  Mexicanos,  6  adquirir 
el  titulo  y  derechos  de  ciudadanos 
de  los  Estados  Unidos.  Mas  la 
eleccion  entra  una  y  otra  ciudada- 


tion  within  one  year  from  the  date 
of  the  exchange  of  ratifications  of 
this  treaty ;  and  those  who  shall 
remain  in  the  said  territories  after 
the  expiration  of  that  year,  with 
out  having  declared  their  inten 
tion  to  retain  the  character  of 
Mexicans,  shall  be  considered  to 
have  elected  to  become  citizens  of 
the  United  States. 

In  the  said  territories,  property 
of  every  kind,  now  belonging  to 
Mexicans  not  established  there, 
shall  be  inviolably  respected. — 
The  present  owners,  the  heirs  of 
these,  and  all  Mexicans  who  may 
hereafter  acquire  said  property  by 
contract,  shall  enjoy  with  respect 
to  it  guaranties  equally  ample  as 
if  the  same  belonged  to  citizens 
of  the  United  States. 


ARTICLE  9.  —  The  Mexicans 
who,  in  the  territory  aforesaid, 
shall  not  preserve  the  character  of 
citizens  of  the  Mexican  republic, 
conformably  with  what  is  stipu 
lated  in  the  preceding  article,  shall 
l^e  incorporated  into  the  union  of 
the  United  States  and  be  admit 
ted  at  the  proper  time  (to  be  judg 
ed  of  by  the  Congress  of  the  Uni 
ted  States)  to  the  enjoyment  of 
all  the  rights  of  citizens  of  the 
United  States,  according  to  the 
principles  of  the  Constitution ; 
and  in  the  mean  time  shall  be 
maintained  and  protected  in  the 
free  enjoyment  of  their  liberty 
and  property,  and  secured  in  the 
free  exercise  of  their  religion  with 
out  restriction. 


nia  deberan  hacerla  dentro  de  ur> 
afio  contado  desde  la  fecha  del 
cange  de  las  ratificaciones  de  este 
tratado.  Y  los  que  permaneeiereu 
en  los  indicados  territories  cl^spues 
de  transcurrido  el  afio,  sin  haber 
declarado  su  intencion  de  retener 
el  caracter  de  Mexicanos,  se  con- 
siderara  que  han  elegido  ser  ciu- 
dadanos  de  los  Estados  Unidos. 

Las  propiedades  de  todo  genero 
existentes  en  los  expresados  terri- 
torios,  y  que  pertenecen  ahora  a 
Mexicanos  no  establecidos  en  ellos, 
seran  respetadas  inviolablemente. 
Sus  actuales  duenos,  los  herede- 
ros  de  estos,  y  los  Mexicanos  que 
en  lo  venidero  puedan  adquirir 
por  contrato  las  indicadas  propie 
dades,  disfrutaran  respecto  de  ellas 
tan  amplia  garantia,  como  si  per- 
teneciesen  a  ciudadanos  de  los  Es 
tados  Unidos, 

ARTICULO  9.  —  Los  Mexicanos 
que,  en  los  territories  antedichos, 
no  conserven  el  caracter  de  ciuda 
danos  de  la  republica  Mexicana, 
segun  lo  estipulado  en  el  articulo 
precedente  seran  incorporados  en 
la  union  de  los  Estados  Unidos,  y 
se  admitiran  en  tiempo  oportuno 
(a  juicio  del  Congreso  de  los  Es 
tados  Unidos)  al  goce  de  todos 
los  derechos  de  ciudadanos  de  los 
Estados  Unidos  conforme  a  los 
principios  de  la  constitucion ;  y 
entretanto  seran  mantenidos  y 
protegidos  en  el  goce  de  su  liber- 
tad  y  propiedad,  y  asegurados  eu 
el  libre  ejercicio  de  su  religion  siu 
restricion  alguna. 


AN  ACT 


TO  ASCERTAIN  AND   SETTLE  THE  PRIVATE   LAND 
CLAIMS  IN  THE  STATE  OP  CALIFORNIA. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  for 
the  purpose  of  ascertaining  and  settling  private  land  claims  in 
the  State  of  California,  a  commission  shall  be,  and  is  hereby, 
constituted,  which  shall  consist  of  three  Commissioners,  to  be 
appointed  by  the  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  the  Senate,  which  commission  shall 
continue  for  three  years  from  the  date  of  this  act,  unless  sooner 
discontinued  by  the  President  of  the  United  States. 

SEC.  2.  And  be  it  further  enacted.  That  a  secretary,  skilled 
in  the  Spanish  and  English  languages,  shall  be  appointed  by  the 
said  commissioners,  whose  duty  it  shall  be  to  act  as  interpreter, 
and  to  keep  a  record  of  the  proceedings  of  the  board  in  a  bound 
book,  to  be  filed  in  the  office  of  the  Secretary  of  the  Interior  on 
the  termination  of  the  commission. 

SEC.  3.  And  be  it  further  enacted.  That  such  clerks,  not  to 
exceed  five  in  number,  as  may  be  necessary,  shall  be  appointed 
by  the  said  commissioners. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  lawful 
for  the  President  of  the  United  States  to  appoint  an  agent 
learned  in  the  law,  and  skilled  in  the  Spanish  and  English  lan 
guages,  whose  special  duty  it  shall  be  to  superintend  the  inter 
ests  of  the  United  States  in  the  premises,  to  continue  him  in 
such  agency  as  long  as  the  public  interest  may,  in  the  judgment 
of  the  President,  require  his  continuance,  and  to  allow  him  such 
compensation  as  the  President  shall  deem  reasonable.  It  shall 
be  the  duty  of  the  said  agent  to  attend  the  meetings  of  the 
1* 


6 

board,  to  collect  testimony  in  behalf  of  the  United  States,  and 
to  attend  on  all  occasions  when  the  claimant,  in  any  case  before 
the  board,  shall  take  depositions ;  and  no  deposition  taken  by 
or  in  behalf  of  any  such  claimant  shall  be  read  in  evidence  in 
any  case,  whether  before  the  commissioners,  or  before  the  Dis 
trict  or  Supreme  Court  of  the  United  States,  unless  notice  of 
the  time  and  place  of  taking  the  same  shall  have  been  given  in 
writing  to  said  agent,  or  to  the  District  Attorney  of  the  proper 
district,  so  long  before  the  time  of  taking  the  deposition  as  to 
enable  him  to  be  present  at  the  time  and  place  of  taking  the 
same,  and  like  notice  shall  be  given  of  the  time  and  place  of 
taking  any  deposition  on  the  part  of  the  United  States. 

SEC.  5.  Jind  be  it  further  enacted.  That  the  said  Commis 
sioners  shall  hold  their  sessions  at  such  times  and  places  as  the 
President  of  the  United  States  shall  direct,  of  which  they  shall 
give  due  and  public  notice ;  and  the  Marshal  of  the  district  in 
wrhich  the  board  is  sitting  shall  appoint  a  deputy,  whose  duty  it 
shall  be  to  attend  upon  the  said  board,  and  who  shall  receive 
the  same  compensation  as  is  allowed  to  the  Marshal  for  his  at 
tendance  upen  the  District  Court. 

SEC.  6.  Jlnd  be  it  further  enacted.  That  the  said  commis 
sioners,  when  sitting  as  a  board,  and  each  commissioner  at  his 
chambers,  shall  be,  and  are,  and  is  hereby,  authorised  to  admin 
ister  oaths,  and  to  examine  witnesses  in  any  case  pending  before 
the  Commissioners,  that  all  such  testimony  shall  be  taken  in 
writing,  and  shall  be  recorded  and  preserved  in  bound  books  to 
be  provided  for  that  purpose. 

SEC.  T.  Jlnd  be  it  further  enacted.  That  the  secretary  of  the 
board  shall  be,  and  he  is  hereby,  authorized  and  required,  on 
the  application  of  the  law  agent  or  District  Attorney  of  the 
United  States,  or  of  any  claimant  or  his  counsel,  to  issue  writs 
of  subpoena  commanding  the  attendance  of  a  witness  or  wit 
nesses  before  the  said  board  or  any  Commissioner. 

SEC.  8.  Jind  be  it  further  enacted,  That  each  and  every  per 
son  claiming  lands  in  California  by  virtue  of  any  right  or  title 
(ierived  from  the  Spanish  or  Mexican  government,  shall  present 
the  same  to  the  said  Commissioners  when  sitting  as  a  board, 
together  with  such  documentary  evidence  and  testimony  of  wit 
nesses  as  the  said  claimant  relies  upon  in  support  of  such 
claims ;  and  it  shall  be  the  duty  of  the  Commissioners,  when 
the  case  is  ready  for  hearing,  to  proceed  promptly  to  examine 


the  same  npon  snch  evidence,  and  upon  the  evidence  produced 
in  behalf  of  the  United  States,  and  to  decide  upon  the  validity 
of  the  said  claim,  and,  within  thirty  days  after  such  decision  is 
rendered,  to  certify  the  same,  with  the  reasons  on  which  it  is 
founded,  to  the  District  Attorney  of  the  United  States  in  and 
for  the  district  in  which  such  decision  shall  be  rendered. 

SEC.  9,  Jind,  be  it  further  enacted.  That  in  all  cases  of  the 
rejection  or  confirmation  of  any  claim  by  the  board  of  Commis 
sioners,  it  shall  and  may  be  lawful  for  the  claimant  or  the  Dis 
trict  Attorney,  in  behalf  of  the  United  States,  to  present  a 
petition  to  the  District  Court  of  the  district  in  which  the  land 
claimed  is  situated,  praying  the  said  court  to  review  the  decision 
of  the  said  Commissioners,  and  to  decide  on  the  validity  of  such 
claim ;  and  such  petition,  if  presented  by  the  claimant,  shall  set 
forth  fully  the  nature  of  the  claim  and  the  names  of  the  original 
and  present  claimants,  and  shall  contain  a  deraignment  of  the 
claimant's  title,  together  with  a  transcript  of  the  report  of  the 
board  of  Commissioners,  and  of  the  documentary  evidence  and 
testimony  of  the  witnesses  on  which  it  was  founded ;  and  such 
petition,  if  presented  by  the  District  Attorney  in  behalf  of  the 
United  States,  shall  be  accompanied  by  a  transcript  of  the 
report  of  the  board  of  Commissioners,  and  of  the  papers  and 
evidence  on  which  it  was  founded,  and  shall  fully  and  distinctly 
set  forth  the  grounds  on  which  the  said  claim  is  alleged  to  be 
invalid,  a  copy  of  which  petition,  if  the  same  shall  be  presented 
by  a  claimant,  shall  be  served  on  the  District  Attorney  of  the 
United  States,  and,  if  presented  in  behalf  of  the  United  States, 
shall  be  served  on  the  claimant  or  his  attorney ;   and  the  party 
upon  whom  such  service  shall  be  made  shall  be  bound  to  answer 
the  same  within  a  time  to  be  prescribed  by  the  judge  of  the 
District  Court ;   and  the  answer  of  the  claimant  to  such  petition 
shall  set  forth  fully  the  nature  of  the  claim,  and  the  names  of 
the  original  and  present  claimants,  and  shall  contain  a  deraign 
ment  of  the  claimant's  title ;  and  the  answer  of  the  District 
Attorney  in  behalf  of  the  United  States  shall  fully  and  dis 
tinctly  set  forth  the  grounds  on  which  the  said  claim  is  alleged 
to  be  invalid,  copies  of  which  answers  shall  be  served  upon  the 
adverse  party  thirty  days  before  the  meeting  of  the  court,  and 
thereupon,  at  the  first  term  of  the  court  thereafter,  the  said 
case  shall  stand  for  trial,  unless,  on  cause  shown,  the  same  shall 
be  continued  by  the  court. 


8 

SEC.  10.  Jlnd  be  it  furtlier  enacted,  That  the  District  Court 
shall  proceed  to  render  judgment  upon  the  pleadings  and  evi 
dence  in  the  case,  and  upon  such  further  evidence  as  may  be 
taken  by  order  of  the  said  court,  and  shall,  on  application  of  the 
party  against  whom  judgment  is  rendered,  grant  an  appeal  to 
the  Supreme  Court  of  the  United  States,  on  such  security  for 
costs  in  the  District  and  Supreme  Court,  in  case  the  judgment 
of  the  District  Court  shall  be  affirmed,  as  the  said  court  shall 
prescribe ;  and  if  the  court  shall  be  satisfied  that  the  party 
desiring  to  appeal  is  unable  to  give  such  security,  the  appeal 
may  be  allowed  without  security. 

SEC.  11.  And  be  it  further  enacted,  That  the  Commissioners 
herein  provided  for,  and  the  District  and  Supreme  Courts,  in  de 
ciding  on  the  validity  of  any  claim  brought  before  them  under 
the  provisions  of  this  act,  shall  be  governed  by  the  treaty  of 
Guadalupe  Hidalgo,  the  law  of  nations,  the  laws,  usages,  and 
customs  of  the  government  from  which  the  claim  is  derived,  the 
principles  of  equity,  and  the  decisions  of  the  Supreme  Court  of 
the  United  States,  so  far  as  they  are  applicable. 

SE.C.  12.  Jlnd  be  it  further  enacted,  That  to  entitle  either 
party  to  a  review  of  the  proceedings  and  decision  of  the  Com 
missioners  hereinbefore  provided  for,  notice  of  the  intention  of 
.such  party  to  file  a  petition  to  the  District  Court  shall  be  en 
tered  on  the  journal  or  record  of  proceedings  of  the  Commis 
sioners  within  sixty  days  after  their  decision  on  the  claim  has 
been  made  and  notified  to  the  parties,  and  such  petition  shall  he 
filed  in  the  District  Court  within  six  months  after  such  decison 
has  been  rendered. 

SEC.  13.  Jlnd  be  it  further  enacted,  That  all  lands,  tht 
claims  to  which  have  been  finally  rejected  by  the  Commissioners 
in  manner  herein  provided,  or  which  shall  be  finally  decided  to 
be  invalid  by  the  District  or  Supreme  Court,  and  all  lands  the 
claims  to  which  shall  not  have  been  presented  to  the  said  Com 
missioners  within  two  years  after  the  date  of  this  act,  shall  be 
deemed,  held,  and  considered  as  part  of  the  public  domain  of 
the  United  States;  and  for  all  claims  finally  confirmed  by  the 
said  Commissioners,  or  by  the  said  District  or  Supreme  Court, 
;i  patent  shall  issue  to  the  claimant  upon  his  presenting  to  the 
General  Land  Office  an  authentic  certificate  of  such  confirma 
tion,  and  a  plat  or  survey  of  the  said  land,  duly  certified  and 
approved  by  the  Surveyor- General  of  California,  whose  duty  it 


9 

shall  be  to  cause  all  private  claims  which  shall  be  finally  con 
firmed  to  be  accurately  surveyed,  and  to  furnish  plats  of  the 
same ;  and  in  the  location  of  the  said  claims,  the  said  Surveyor- 
General  shall  have  the  same  power  and  authority  as  are  con 
ferred  on  the  register  of  the  land  office  and  receiver  of  the  pub 
lic  moneys  of  Louisiana,  by  the  sixth  section  of  the  act  "  to 
create  the  office  of  surveyor  of  the  public  lands  for  the  State  of 
Louisiana,"  approved  third  March,  one  thousand  eight  hundred 
and  thirty-one :  Provided,  always,  That  if  the  title  of  the 
claimant  to  such  lands  shall  be  contested  by  any  other  person, 
it  shall  and  may  be  lawful  for  such  person  to  present  a  petition 
to  the  District  Judge  of  the  United  States  for  the  district  in 
which  the  lands  arc  situated,  plainly  and  distinctly  setting  forth 
his  title  thereto,  and  praying  the  said  judge  to  hear  and  deter 
mine  the  same,  a  copy  of  which  petition  shall  be  served  upon 
the  adverse  party  thirty  days  before  the  time  appointed  for 
hearing  the  same,  And  provided,  further,  That  it  shall  and 
may  be  lawful  for  the  District  Judge  of  the  United  States,  upon 
the  hearing  of  such  petition,  to  grant  an  injunction  to  restrain 
the  party  at  whose  instance  the  claim  to  the  said  lands  has  been 
confirmed,  from  suing  out  a  patent  for  the  same,  until  the  title 
thereto  shall  have  been  finally  decided,  a  copy  of  which  order 
shall  be  transmitted  to  the  Commissioner  of  the  General  Land 
Office,  and  thereupon  no  patent  shall  issue  until  such  decision 
shall  be  made,  or  until  sufficient  time  shall,  in  the  opinion  of  the 
said  Judge,  have  been  allowed  for  obtaining  the  same ;  and 
thereafter  the  said  injunction  shall  be  dissolved. 

SEC.  14.  Jind  be  it  further  enacted,  That  the  provisions  of 
this  act  shall  not  extend  to  any  town  lot,  farm  lot,  or  pasture 
lot,  held  under  a  grant  from  any  corporation  or  town  to  which 
lands  may  have  been  granted  for  the  establishment  of  a  town  by 
the  Spanish  or  Mexican  government,  or  the  lawful  authorities 
thereof,  nor  to  any  city,  or  town,  or  village  lot,  which  city,  town, 
or  village  existed  on  the  seventh  day  of  July,  eighteen  hundred 
and  forty-six ;  but  the  claim  for  the  same  shall  be  presented  by 
the  corporate  authorities  of  the  said  town,  or  where  the  land  on 
which  the  said  city,  town,  or  village  was  originally  granted  to 
an  individual,  the  claim  shall  be  presented  by  or  in  the  name  of 
such  individual,  and  the  fact  of  the  existence  of  the  said  city, 
town,  or  village  on  the  said  seventh  July,  eighteen  hundred  and 
forty-six,  being  duly  proved,  shall  be  prima  facie  evidence  of  a 


10 

grant  to  such  corporation,  or  to  the  individual  under  whom  the 
said  lot-holders  claim ;  and  where  any  city,  town,  or  village 
shall  be  in  existence  at  the  time  of  passing  this  act,  the  claim 
for  the  land  embraced  within  the  limits  of  the  same  may  be 
made  by  the  corporate  authority  of  the  said  city,  town  or  village. 

SEC.  15.  Jind  be  it  further  enacted.  That  the  final  decrees 
rendered  by  the  said  Commissioners,  or  by  the  District  or  Su 
preme  Court  of  the  United  States,  or  any  patent  to  be  issued 
under  this  act,  shall  be  conclusive  between  the  United  States 
and  the  said  claimants  only,  and  shall  not  affect  ihe  interests  of 
third  persons. 

SEC.  16.  And,  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Commissioners  herein  provided  for  to  ascertain  and 
report  to  the  Secretary  of  the  Interior  the  tenure  by  which  the 
mission  lands  are  held,  and  those  held  by  civilized  Indians,  and 
those  who  are  engaged  in  agriculture  or  labor  of  any  kind,  and 
also  those  which  are  occupied  and  cultivated  by  Pueblos  or 
Rancheros  Indians. 

SEC.  IT.  Jind  be  it  further  enacted,  That  each  Commissioner 
appointed  under  this  act  shall  be  allowed  and  paid  at  the  rate 
of  six  thousand  dollars  per  annum ;  that  the  secretary  of  the 
Commissioners  shall  be  allowed  and  paid  at  the  rate  of  four 
thousand  dollars  per  annum ;  and  the  clerks  herein  provided  for 
shall  be  allowed  and  paid  at  the  rate  of  one  thousand  five 
hundred  dollars  per  annum ;  the  aforesaid  salaries  to  commence 
from  the  day  of  the  notification  by  the  Commissioners  of  the 
first  meeting  of  the  board. 

SEC.  18.  Jind  be  it  further  enacted,  That  the  secretary  of 
the  board  shall  receive  no  fee  except  for  furnishing  certified 
copies  of  any  paper  or  record,  and  for  issuing  writs  of  subpoena. 
For  furnishing  certified  copies  of  any  paper  or  record,  he  shall 
receive  twenty  cents  for  every  hundred  words,  and  for  issuing 
writs  of  subpoena,  fifty  cents  for  each  witness ;  which  fees 
shall  be  equally  divided  between  the  said  secretary  and  the 
assistant  clerk. 

Approved,  March  3, 1851. 


INSTRUCTIONS  TO  THE  COMMISSIONERS 

FROM  THE 

DEPARTMENT  OF  THE  INTERIOR. 


GENERAL  LAND  OFFICE,        \ 
September  llth,  1851.   $ 

GENTLEMEN  : — You  have  been  appointed  Commissioners  to 
discharge  the  important  and  responsible  duties  prescribed  by 
Act  of  Congress,  approved  3d  Marchj  1851>  entitled  "  An  Act 
to  ascertain  and  settle  the  private  Land  Claims  in  the  State  of 
California,"  which  authorizes  the  continuance  of  the  Commis 
sion  for  three  years  from  the  date  of  the  law>  unless  sooner  ter 
minated  by  the  President  of  the  United  States. 

The  act  charges  you  with  the  appointment  of  a  Secretary 
"  skilled  in  the  Spanish  and  English  languages,  to  act  as  inter 
preter,  and  to  keep  a  record  of  the  proceedings  of  the  Board, 
in  a  bound  book>  to  be  filed  in  the  office  of  the  Secretary  of  the 
Interior,  on  the  termination  of  the  Commission,"  and  provides 
for  the  employment,  by  yoU)  not  to  exceed  five,  of  such  a  num 
ber  of  Clerks  "  as  may  be  necessary." 

It  further  authorises  the  appointment)  by  the  President, 
which  will  be  duly  made^  of  a  Law  Agentj  skilled  in  both  the 
languages  mentioned)  "  whose  special  duty  it  shall  be  to  super 
intend  the  interests  of  the  United  States  in  the  premises." 

This  law  has  made  ample  provision  for  the  accomplishment  of 
the  great  object  of  the  Government,  which  is,  to  ascertain,  set 
tle,  and  recognize  all  lona  fide  valid  titles  derived  from  the  for 
mer  sovereignties  of  the  country,  and  to  detect  and  forever  put 
at  rest  all  fabricated,  fraudulent,  or  simulated  grants. 


12 

The  growth  and  prosperity  of  California  materially  depends 
upon  a  speedy  and  just  settlement  of  the  claims  to  lands  within 
her  limits,  and  the  separation  of  all  private  property  from  the 
public  domain,  so  that  the  public  lands  in  that  State  may  be 
disposed  of  as  Congress  may  hereafter  direct,  without  danger  of 
conflict  in  title,  or  interference  with  the  rights  of  individuals. 

You  are  therefore  directed  to  proceed  at  once  to  San  Fran 
cisco,  in  California, 

Immediately  upon  your  arrival,  you  will  hold  your  first  ses 
sions  at  that  place,  agreeably  to  the  order  of  the  President, 
giving  due  and  public  notice  of  the  fact,  as  required  by  law. 

You  will  give  timely  advice  to  the  Department,  of  such  other 
places  as  you  would  recommend  that  your  subsequent  sessions 
should  be  held. 

The  8th  Section  of  the  said  Act  of  the  3d  March,  1851,  de 
clares  as  follows  i 

"  That  each  and  every  person  claiming  lands  in  California, 
by  virtue  of  any  right  or  title,  derived  from  the  Spanish  or  Mex 
ican  Governments,  shall  present  the  same  to  the  said  Commis 
sioners,  when  sitting  as  a  Board,  together  with  such  documentary 
evidence  and  testimony  of  witnesses  as  the  said  claimant  relies 
upon  in  support  of  such  claims  ;  and  it  shall  be  the  duty  of  the 
Commissioners,  when  the  case  is  ready  for  hearing,  to  proceed 
promptly  to  examine  the  same  upon  such  evidence,  and  upon  the 
evidence  produced  in  behalf  of  the  United  States,  and  decide 
upon  the  validity  of  the  said  claim,  and  within  thirty  days  after 
such  decision  is  rendered,  to  certify  the  same  with  the  reasons 
on  which  it  is  founded,  to  the  District  Attorney  of  the  United 
States,  in  and  for  the  District  in  which  such  decision  shall  be 
rendered." 

This,  in  connection  with  the  14th  Section,  which  relates  to 
property  under  Corporate  Grants,  shows  the  classes  of  titles  in 
which  the  claimants  have  authority  for  bringing  their  claims  be 
fore  the  Commissioners  for  adjudication,  and  in  which,  after 
obtaining  a  decision,  both  the  Claimants  and  the  United  States 
have  a  right,  on  petition,  to  have  such  decision  reviewed  by  the 
United  States  Courts,  with  a  right  of  appeal  to  the  Supreme 
Court  of  the  United  States. 

The  llth  Section  of  the  Act  points  to  the  data  which  shall 
control  in  the  adjudications,  by  directing  as  follows : 


13 

"  That  the  Commissioners  herein  provided  for,  and  the  District 
and  Supreme  Courts,  in  deciding  on  the  validity  of  any  claim 
brought  before  them,  under  the  provisions  of  this  act,  shall  be 
governed  by  the  Treaty  of  Guadalupe  Hidalgo,  the  law  of  Na 
tions,  the  laws,  usages  and  customs  of  the  Government  from 
which  the  claim  is  derived,  the  principles  of  Equity,  and  the 
decisions  of  the  Supreme  Court  of  the  United  States,  so  far  as 
they  are  applicable." 

The  Treaty  'of  Guadalupe  Hidalgo,  concluded  at  that  city,  on 
the  2d  February,  1848,  the  ratifications  of  which  were  exchanged 
on  the  80th  May,  1848,  expressly  stipulates  in  the  8th  and  9th 
articles,  for  the  security  and  protection  of  the  property  of  indi 
viduals,  and  in  this  respect  not  only  employs,  in  substance,  the 
language  that  is  used  in  the  Treaty  of  1803,  by  which  the  for 
mer  province  of  Louisiana  was  ceded  to  the  United  States  by 
the  French  Republic  ;  but  conforms  to  the  universally  acknowl 
edged  principles  of  the  laws  of  nations,  which  interdict  inter 
ference  to  the  prejudice  of  private  property,  upon  a  change  of 
Sovereignty. 

By  the  Act  of  Congress,  approved  26th  May,  1824,  (United 
States  Statutes  at  large,  volume  4,  page  5N2,  chapter  173,)  enti 
tled  "  An  Act  enabling  the  claimants  to  lands  within  the  limits 
of  the  State  of  Missouri,  and  Territory  of  Arkansas,  to  insti 
tute  proceedings  to  try  the  validity  of  their  claims,"  the  Courts 
were  opened  for  the  adjudication  of  any  title  of  a  certain  class 
in  Missouri  and  Arkansas,  which  was  claimed  to  be  protected  or 
secured  by  the  Treaty  of  1803,  with  the  French  Republic,  and 
which  might  have  been  perfected  into  a  complete  title,  under 
and  in  conformity  to  the  laws,  usages  and  customs  of  the  Gov 
ernment  under  which  the  same  originated,  had  not  the  Sover 
eignty  of  the  country  been  transferred  to  the  United  States. 

The  Act  of  1824,  with  certain  modifications,  was  extended  to 
Florida  by  the  Act  of  'Congress,  approved  23d  of  May,  1828, 
entitled  "  An  Act  supplementary  to  the  several  Acts,  providing 
for  the  settlement  and  confirmation  of  private  land  claims  in 
Florida,"— U.  S.  Statutes  at  large,  vol.  4,  page  284,  chap.  TO. 

Numerous  cases,  on  appeal,  under  these  laws,  and  other  cases 
un  writs  of  error,  in  which  actions  in  the  Courts  below  had  been 
instituted  in  the  nature  of  ejectments,  have  been  brought  before 
the  Supreme  Court  of  the  United  States,  where  the  rights  of 
property  under  inchoate  titles  derived  from  the  Spanish  authori- 


14 

tics  have  been  examined,  the  principles  of  the  laws  of  nations 
and  the  principles  of  equity  under  our  own  legislation  have  been 
asserted,  expounded  and  applied  to  the  species  of  property  in 
question,  and  the  whole  subject  most  elaborately  and  ably  dis 
cussed  by  that  high  tribunal,  the  most  of  the  decisions  of  which, 
in  land  causes,  will  be  found  in  Peters'  and  Howard's  Reports  of 
the  decisions  of  the  Supreme  Court  of  the  United  States. 

Besides  the  Treaty  of  1848  with  Mexico,  as  found  in  the  9th 
volume  of  the  United  States  Statutes  at  large,  the  law  of  na 
tions  and  the  principles  of  equity  as  contained  in  works  of  au 
thority  from  which  your  own  judgment  will  enable  you  to  make 
a  proper  selection,  and  the  aforesaid  decisions  of  the  Supreme 
Court,  in  Peters'  and  Howard's  Reports,  in  which  the  princi 
ples  of  public  law  and  of  equity  are  developed,  the  aforesaid 
llth  section  of  the  Act  of  3d  March,  1851,  requires  that  in 
adjudicating,  you  shall  be  governed  by  the  laws,  usages,  and 
customs  of  the  government  from  which  the  claim  is  derived. 

There  are  claims  in  California  derived  from  the  authorities  of 
old  Spain,  as  well  as  from  Mexico,  and  it  will  therefore  be  ne 
cessary  to  refer  to,  and  consult  the  laws  of  Spain,  the  Royal 
Ordinances,  the  Decrees,  and  Regulations,  which  may  be  found 
in  White's  New  Recopilacion  in  two  volumes,  relative  to  the 
disposal  of  the  Royal  Domain,  in  order  to  form  a  just  idea  of 
the  policy  and  general  principles  which  obtained  and  controlled 
in  her  land  system. 

I  refer  you  also  to  the  Report  dated  March  1st,  1849,  of  the 
Secretary  of  State  for  the  Territory  of  California. 

1st.  "  On  the  laws  and  regulations  governing  grants  or  sales 
of  Public  Lands  in  California,"  not  only  during  the  government 
of  old  Spain,  but  subsequently  during  the  continuance  of  the 
Mexican  power,  and  up  to  the  period  when  the  United  States 
succeeded  to  the  sovereignty. 

2nd.  "  On  the  laws  and  regulations  respecting  the  lands  and 
other  property  belonging  to  the  Missions  of  California." 

3d.  "  On  the  titles  of  land  in  California,  which  may  be  re 
quired  for  fortifications,  arsenals,  or  other  military  structures, 
for  the  use  of  the  General  Government  of  the  United  States. ^ 

This  Report,  with  the  accompanying  Appendix,  1  to  33,  is 
printed  in  Ex.  Doc.  No.  IT,  House  of  Representatives,  1st 
Sess.,  31st  Congress,  pages  119  to  182  inclusive. 


15 

You  are  requested  to  obtain  for  the  use  of  the  Commission, 
authentic  copies,  in  the  original  of  the  Laws,  Regulations,  etc., 
which  are  referred  to  in  said  Report.  Also,  a  copy  of  the  work 
therein  mentioned  entitled  "  Ordinanzas  de  Tierras  y  Aguas" 
by  "  Marian^.  Gahfan,  Edition  of  1844,"  with  such  other  offi 
cial  documents  or  papers  as  may  have  a  material  and  useful 
bearing  upon  the  matters  which  are  to  engage  your  attention  in 
the  duties  devolved  upon  you  by  law, — all  of  which  and  of  such 
other  books  as  you  may  require,  you  will  have  properly  bound, 
and  labelled  with  the  name  of  the  "  COMMISSION"  and  as  the 
"  Property  of  the  United  States." 

You  will  find  in  Senate  Report,  Com.  No.  75,  1st  Session, 
30th  Congress,  testimony  taken  before  a  Committee  of  the  Sen 
ate  touching  grants  in  California  illegally  made,  and  without  the 
usual  formalities,  to  which  I  would  invite  your  careful  consider 
ation.  The  United  States  Surveyor  General  for  California, 
whose  office  is  at  San  Francisco,  has  obtained  possession  of  the 
archives  of  the  former  Sovereignties  of  California,  and  has  en 
gaged  a  competent  person  to  arrange,  classify  and  index  them, 
in  such  a  manner  as  to  be  available  in  the  examination  of  titles. 
This  work  of  arrangement,  if  not  already  finished,  will  be  com 
pleted  by  the  time  you  will  be  able  to  reach  the  country. 

The  Surveyor  General  will  be  instructed  to  lay  open  to  you 
those  archives  during  your  session  at  San  Francisco,  and  to  have 
prepared  either  a  complete  synopsis,  or  summary  of  the  con 
tents  of  each  of  the  archives,  or  fac  simile  copies  of  the  whole, 
whichever  you  may  prefer,  so  as  to  be  in  readiness  for  delivery 
to  you  when  you  shall  find  it  necessary  to  leave  that  place  to 
visit  other  points. 

With  such  materials  to  guide  the  Commission,  you  will  enter 
upon  the  business  of  adjudication.  You  will  require  the  claim 
ant  in  every  case,  to  file  a  written  notice  setting  forth  the  name 
of  "  Present  Claimant" — name  of  "  Original  Claimant" — na 
ture  of  claim — its  date — from  whom  the  original  title  was  de 
rived — with  a  reference  to  the  evidence  of  the  power  and  autho 
rity  under  which  the  granting  officer  may  have  acted — quantity 
claimed — locality — nature  and  extent  of  conflicting  claim,  if 
any — with  a  reference  to  the  documentary  evidence  and  testi 
mony  relied  upon  to  establish  the  claim,  and  to  show  a  transfer 
of  right  from  the  "  Original  Grantee"  to  "  Present  Claimant.'7 


16 

You  will  also  require  the  claimant,  in  all  cases,  to  file  a  duly 
authenticated  plat  of  survey,  exhibiting  the  tract  claimed,  :md 
showing  the  nature  and  extent  of  any  claim  interfering  there 
with. 

This  is  deemed  indispensable,  in  order  by  such  initiatory  sur 
vey  to  fix  with  precision  and  certainty  the  limits  of  every  tract 
claimed,  thereby  avoiding,  in  regard  to  location,  all  doubt  or 
controversy  hereafter,  in  case  of  confirmation,  and  furnishing, 
at  the  same  time,  to  the  Commission,  and  to  the  Courts,  evi 
dence  of  the  existence  and  nature  of  conflicting  claims. 

There  are,  it  is  believed,  no  Spanish  or  Mexican  plats  of  Sur  - 
vey  extant  of  lands  in  California  ;  no  actual  surveys,  so  far  as 
this  office  is  advised,  having  ever  been  executed  during  the  sov 
ereignty  over  the  countries  of  either  Spain  or  Mexico. 

The  surveys,  therefore,  of  all  claims  which  may  be  brought 
before  the  Commissioners  should  be  required  to  be  executed,  at 
the  expense  of  the  parties,  in  accordance  with  such  orders,  as 
you  may  deem  necessary  and  proper  in  each  case,  and  to  be 
made  under  the  superintendance  of  the  United  States  Surveyor 
General,  by  whom  the  surveys,  and  any  interference  which  may 
exist,  should  be  examined  and  certified. 

The  effect  of  this  will  be,  not  only  to  save  claimants  from 
embarrassments  and  difficulties,  inseparable  from  the  presenta 
tion  and  adjudication  of  claims  with  indefinite  limits,  but  it  will 
promote  the  welfare  of  the  country  generally,  by  furnishing  the 
Surveyor  General  with  evidence  of  what  is  claimed  as  private 
property,  thus  enabling  him  to  ascertain  what  is  undisputed 
public  land,  and  to  proceed  with  the  public  surveys  accordingly, 
without  awaiting  the  final  action  of  the  different  tribunals  upon 
private  titles. 

The  papers,  in  every  case,  should  be  regularly  numbered,  and 
entered  in  the  order  of  presentation,  in  a  Docket  of  the  form 
herewith. 

Your  Journal,  to  consist  of  a  substantially  bound  volume,  or 
volumes,  and  prefaced  by  a  record  of  your  commissions,  and 
oaths  of  office,  should  contain  a  full  record  of  the  notice,  and 
evidence  in  support  of  each  claim,  and  of  your  decision,  setting 
forth,  as  succinctly  and  concisely  as  possible,  all  the  leading 
facts,  particulars,  and  the  principles  applicable  to  the  case,  and 
upon  which  such  decision  may  be  founded. 


17 

As  a  case  may  be  acted  upon  by  you  at  different  periods,  be 
fore  being  finally  decided,  the  connexion  of  your  proceedings 
may  be  kept  up  by  page-references  both  in  the  Journal,  and 
with  the  Docket.  All  the  original  papers  should,  of  course,  be 
carefully  numbered,  filed,  and  preserved,  and  should  have  an 
endorsement  upon  each  of  them  of  the  volume  and  page  of  the 
record,  in  which  they  may  be  entered. 

The  8th  section  of  the  Act,  as  herein  before  indicated,  re 
quires  you  "  within  thirty  days  after  such  decision  is  rendered, 
to  certify  the  same,  with  the  reasons  on  which  it  is  founded,  to 
the  District  Attorney  of  the  United  States  in  and  for  the  Dis 
trict  in  which  such  decision  shall  be  rendered." 

This  requirement  will,  of  course,  be  strictly  and  uniformly 
observed  by  you,  and  the  necessary  entries  of  your  action  in  the 
premises  made  on  your  record. 

It  will  be  observed  that  the  12th  section  of  the  act  declares 
"  that  to  entitle  either  party  to  a  review  of  the  proceedings  and 
decision  of  the  Commissioners,  notice  of  the  intention  of  such 
party  to  file  a  petition  to  the  District  Court  shall  be  entered  on 
the  Journal,  or  record  of  proceedings  of  the  Commissioners, 
within  sixty  days  after  their  decision  on  the  claim  has  been  made 
and  notified  to  the  parties,  and  such  petition  shall  be  filed  in  the 
District  Court  within  six  months  after  such  decision  has  been 
rendered." 

This  provision  of  law  renders  it  necessary  that  you  shall  reg 
ularly  notify  the  claimants,  also,  of  your  decision — and  this 
should  always  be  done  promptly,  and  in  any  case  in  which  the 
requisite  notice  of  the  intention  to  file  a  petition  in  Court  shall 
not  be  given  to  you  within  sixty  days  from  the  time  you  may 
notify  the  parties  of  your  decision,  such  decision  will,  ipso  facto ^ 
become  final  and  conclusive,  and  you  will  of  course  report  any 
such  case  to  the  Surveyor  General  and  to  the  Department. 

It  is  a  matter  of  high  public  concern,  and  of  the  deepest  in 
terest  to  California,  that  the  business  of  the  Commission  should 
be  pressed  forward  with  all  convenient  dispatch,  and  as  much 
so  as  is  -compatible  with  the  grave  interests  involved,  and  when 
your  labors,  in  regard  to  the  classes  of  titles  contemplated  in 
the  foregoing  shall  have  terminated,  you  will  give  due  notice  of 
the  fact  to  this  office,  and  will  turn  over  the  records  and  papers 
to  the  Surveyor  General,  subject  to  the  orders  of  the  Depart 
ment.  Besides  the  duties  hereinbefore  adverted  to,  the  Act  of 


18 

3d  March,  1851,  requires,  in  its  16th  section,  that  "  the  Com 
missioners  shall  ascertain  and  report  to  the  Secretary  of  the 
Interior,  the  tenure  by  which  the  Mission  Lands  arc  held,  and 
those  held  by  civilized  Indians,  and  those  who  are  engaged  in 
agriculture,  or  labor  of  any  kind,  and  also  those  which  are  occu 
pied  or  cultivated  by  Pueblos  and  Rancherol^  Indians." 

You  are  directed  to  make  a  separate  and  full  report  on  the 
several  subjects  specified  in  this  section  of  the  act,  at  as  early  a 
period  as  may  be  consistent  with  your  other  duties,  under  the  law. 
Your  salaries,  as  stipulated  in  the  17th  section  of  the  act, 
will  "  commence  from  the  day  of  the  notification,"  by  you,  "  of 
the  first  meeting  of  the  Board." 

Very  respectfully, 

Your  obedient  servant, 
[Signed]  J.  BUTTERFIELD, 

Commissioner. 

Messrs.  HILAND  HALL,  HARRY  I.  THORNTON  and  JAMES  WIL 
SON,  United  States  Commissioners  for  the  adjudication  of 
California  Land  Claims. 


The  foregoing  instructions  are  approved. 

[Signed]  ALEX.  H.  H.  STUART, 

Secretary. 
DEPARTMENT  OF  THE  INTERIOR,  Sept.  llth,  1851. 


REGULATIONS   OF    THE   COMMISSIONERS. 


The  mode  of  bringing  the  claims  specified  in  the  Act  of 
March  3,  1851,  before  the  Commissioners,  shall  be  by  petition 
in  writing,  signed  by  the  claimant  or  his  counsel,  addressed  to 
the  Commissioners,  and  filed  with  the  Secretary  of  the  Board, 
which  petition  shall  set  forth  the  names  of  the  original  and 
present  claimants ;  the  nature  of  the  claim ;  the  dates  of  the 
original  grant  and  of  the  several  assignments  or  conveyances, 
with  the  names  of  the  parties  thereto,  through  which  the  pre 
sent  claimant  deduces  his  title  ;  from  whom  the  original  title 
was  derived  ;  the  power  or  authority  under  which  the  granting 
officer  acted  ;  the  quantity  of  land  claimed  ;  its  locality ;  when 
surveyed  and  when  certified  by  the  Surveyor  General,  (if  thus 
surveyed  and  certified ;)  and  the  nature  and  extent  of  every 
known  interfering  claim ;  with  a  reference  to  the  documentary 
and  other  evidence  relied  upon  by  the  claimant ;  and  said  peti 
tion  shall  be  accompanied  by  a  copy  of  the  original  grant  and  a 
translation  of  the  same,  or  by  reasons  for  not  furnishing  them* 

If  the  claimant  desires  to  prosecute  his  claim  in  person,  he 
will,  on  application  for  that  purpose,  be  aided  by  a  Clerk  of  the 
Board  in  the  preparation  of  his  petition,  without  charge ;  and 
will  be  allowed  all  proper  facilities  in  the  prosecution  of  his 
claim. 

The  Commissioners  as  a  board,  or  at  their  several  chambers, 
will  attend  to  the  taking  of  testimony  in  behalf  of  the  claim 
ants  or  of  the  United  States,  in  cases  which  are  prepared  there 
for,  on  due  notice  being  given  to  the  Law  Agent  or  the  claim 
ant,  as  required  by  law. 

The  Commissioners  will  from  time  to  time,  as  occasion  may 
require,  adopt  and  make  known  such  further  rules  and  regula 
tions  as  shall  seem  best  calculated  to  facilitate  the  prosecution 


of  the   business  before   them,  and  to  bring  it  to  ;i  speedy  and 
satisfactory  termination. 

The  Commissioners  will  be  in  session  for  the  reception  of 
claims  and  the  transaction  of  business  on  the  twenty-first  day 
of  January,  instant,  and  until  otherwise  ordered. 

OFFICE  OF  THE  COMMISSIONERS, 
San  Francisco,   January   10th,  1852. 

By  order  of  the  Board  : 

J.  B.  CARR,  Secretary. 


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